TERMS & CONDITIONS

TERMS & CONDITIONS

AMES Taping Tools

WEB SITE TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT”) CAREFULLY BEFORE PRESSING OR CLICKING THE “I ACCEPT” BUTTON. BY PRESSING OR CLICKING “I ACCEPT ” AND/OR BY PROCEEDING WITH CREATING AN ACCOUNT OR PURCHASING PRODUCTS VIA THIS WEB SITE LOCATED AT WWW.AMESTOOLS.COM (“SITE”), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. CLICKING THE “I ACCEPT” BUTTON IS A LEGALLY VALID WAY TO CREATE A BINDING CONTRACT UNDER APPLICABLE LAW AND CONSTITUTES YOUR ELECTRONIC SIGNATURE TO THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PRESS “I DO NOT ACCEPT” AND DO NOT PROCEED WITH CREATING AN ACCOUNT OR PURCHASING ITEMS VIA THE SITE. YOU MAY CALL OUR CUSTOMER CARE TELEPHONE NUMBER AT 1-888-BAZOOKA (1-888-229-6652) TO RECEIVE MORE INFORMATION ABOUT HOW TO PLACE ORDERS THROUGH OTHER MEANS.

YOU HAVE THE RIGHT TO TRANSACT BUSINESS WITH AMES USING PAPER DOCUMENTS RATHER THAN ELECTRONICALLY. IF YOU WANT TO TRANSACT BUSINESS USING PAPER, PRESS OR CLICK “I DO NOT ACCEPT” AND CONTACT AMES. CONTACT INFORMATION FOR AMES IS AT WWW.AMESTOOLS.COM. THE CONSENT TO TRANSACT BUSINESS ELECTRONICALLY IS FOR YOUR PURCHASES THROUGH THE SITE ONLY. IF YOU CONSENT TO ENTERING INTO THIS AGREEMENT ELECTRONICALLY, YOU MAY NOT WITHDRAW THAT CONSENT AFTER AGREEING. TO CHANGE YOUR CONTACT INFORMATION WITH AMES, PLEASE CONTACT AMES USING THE CONTACT INFORMATION AT WWW.AMESTOOLS.COM.

BY PRESSING OR CLICKING “I ACCEPT” AS DESCRIBED ABOVE, YOU AFFIRMATIVELY CONSENT TO TRANSACT BUSINESS ELECTRONICALLY..

Pricing and Payment

Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. All prices advertised via this Site are in US Dollars and are valid and effective only within the United States and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. AMES operates stores in the following states and is required by law to charge applicable state sales tax to orders from residents in the following states: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, WA, and WI. Any International and Canadian customers will be responsible for payment of all duties, taxes and brokerage fees. Pricing and shipping and handling rates are subject to change without notice. We apologize for any inconvenience. AMES accepts payment via Visa, MasterCard, Discover and American Express. AMES does not offer cash on delivery. Risk of loss of the products you purchase pass to you once the products are delivered to the shipping carrier. All products are subject to AMES return policy, available for viewing at AMES RETURN POLICY.

Communications with AMES

We welcome your comments regarding this Site. However, comments, feedback, notes, messages, ideas, suggestions or other communications transmitted to AMES will be treated as non-confidential and nonproprietary. All communications to AMES become the exclusive property of AMES and you agree that by transmitting any communication you relinquish all rights and interests in same. AMES shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. AMES shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. Therefore, AMES discourages you from transmitting information that you do not wish to assign to AMES, including confidential information or creative ideas. Furthermore, you will take all responsibility for the content of your communication and warrant that it does not violate any law, statute, ordinance or regulation or the intellectual property rights of third parties. You agree that AMES may copy all or part of your communication in any response(s) it makes to you.

Accuracy and Content

AMES works hard to ensure that the information provided on the Site is accurate and up-to-date, including without limitation product warranty details. While our goal is a 100% error free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. AMES reserves the right to discontinue the sale of any product listed on this Site at any time without notice. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. AMES reserves the right to revoke any state offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted). Photos may vary. Please feel free to contact us to discuss any questions you have regarding any product warranty and whether our return policy is applicable to a particular item.

Your Account

If you use this Site to order products, you may be required to create an account with us. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. AMES only sells products to adults, and by creating an account through the Site you represent and warrant that you are 18 years of age or older. If an item you order is not available for immediate shipment, we will notify you via email or through your account.

Privacy

Intellectual Property Rights Notice

All of the content you see and hear on the Site, including for example all images, logos, illustrations, graphics, audio clips and text, represents valuable proprietary and intellectual property of the Company or its suppliers. Such content and information is protected by any and all applicable international, federal, and state laws, rules, orders and regulations relating to intellectual or proprietary property. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any such content and information. Any attempt to download, print, publish or maintain a significant portion of content or information from the Site, to distribute copies of such information or content, or to otherwise exploit the information or content in violation of the intellectual property or proprietary rights of others is strictly prohibited by this Agreement.

Use Of The Site

You agree not to use the Site for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence and by way of example, You agree that you will not:

Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the Site;

Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;

Interfere with or disrupt the Site, networks or servers connected to the Site or violate the regulations, policies or procedures of such networks or servers

Attempt to gain unauthorized access to the Site, logins and passwords of others, or computer systems and networks connected to the Site;

Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation (commercial or otherwise);

Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations, disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

You agree not to link, “frame” or “mirror” any content or information contained on or accessible from the Site through use of your login information without the prior written approval of the Company or its licensors, as may be appropriate.

You agree to:

Comply with all notices, instructions and rules posted on the Site; and

Implement all Internet access and all security procedures required to use the Site at the sole expense of You.

Take any and all applicable administrative, physical and technical safeguards to protect the security of the electronic exchange of patient information as set forth by federal regulations.

Indemnity

You agree to indemnify and hold harmless the Company and its suppliers, and their respective directors, officers, employees, agents and contractors, from all damages, injuries, liabilities, costs, fees, fines, penalties, and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to your violation of this Agreement or misuse of the Site by you or any of your employees, contractors or agents.

Disclaimers

EXCEPT AS MAY BE EXPRESSLY STATED IN ANY PRODUCT DESCRIPTION VIEWABLE VIA THE SITE, THIS SITE AND ALL PRODUCTS MADE AVAILABLE FOR PURCHASE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. AMES AND ITS SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

From time to time, the Site may include information and materials submitted by various individuals who use the Site (“User Content”). Company does not endorse, recommend or guaranty any User Content or any opinion, recommendation or advice expressed therein and Company expressly disclaims any and all liability in connection with any content made available via the Site, including without limitation User Content.

Limitations

IN NO EVENT WILL AMES OR ITS SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE OR ANY CONTENT OR INFORMATION ASSOCIATED THEREWITH, OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, OR ANY PRODUCTS PROVIDED VIA THE SITE ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF THE COMPANY OR ITS SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT OF THE PURCHASE PRICE YOU PAY FOR THE PRODUCT GIVING RISE TO THE LIABILITY.

Third Party Content and Links

From time to time, the Site may contain references or links to third-party materials (including without limitation web sites) not controlled by the Company or its suppliers or licensors. The Company provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that the Company is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Site.

Use Of The Site Not For Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of or access to the Site or any content or materials made available thereon.

Conflict Resolution

All disputes relating to This Agreement will be solely and finally settled by arbitration conducted pursuant to the Commercial Rules of the American Arbitration Association in Atlanta, Georgia. Judgment on the arbitral award is final and binding and may be entered in any court of competent jurisdiction. The foregoing does not apply to the extent AMES wishes to seek equitable relief

Miscellaneous

This Agreement and any policies it references, including without limitation the Web Site Privacy Policy, constitute the entire agreement between you and AMES with respect to the purchase of any products via the Site or your creation of any account with AMES via the Site. In the event any of the provisions of the Agreement are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed from the applicable agreement, and the remaining provisions thereof shall remain in full force and effect. Failure of any party to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of the Agreement or any other notice, directive, or rule otherwise posted on the Site shall constitute a consent to any prior or subsequent breach. AMES corporate headquarters located in Atlanta, Georgia, USA and you consent to jurisdiction of the federal and state courts with competent jurisdiction located in the Atlanta metropolitan area. This Agreement will be governed by the laws of the State of Georgia, United States of America.

Contacting Us

If you have any questions about this Agreement, please call use at 1-888-BAZOOKA (1-888-229-6652), fax us at 1-770-243-2649, or e-mail us at webmaster@amestools.com. Although AMES will in most circumstance be able to receive your email or other information provided through this Site, AMES does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email is not typically secure.

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